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Classified in Law & Jurisprudence

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A.US

·Regulated in The APA (Administrative procedural Act)

·It can be Started by the agencies (ex oficio) or by motion of the parties (one citizen Ask for the procedure to be started)

oThe agency has the obligation to hear the Parties

·1st step starts with a notice Indicating:

oTime and place and nature of the hearing to the Citizen involved

oLegal and jurisdictional authority (within Which agency the hearing will take place)

oMatters of fact and law applicable to the Procedure

§During the First step the agencies offer an agreement to the parties

·2nd step: Trial like hearing

owhen parties don’t agree

oAn administrative Law Judge (ALJs) à a judicial officer and He/she is within the executive, he administrates justice within the executive. He is the one in charge of presiding over the hearing between the agency and The citizen. He is independent from the agency and also the partiesà he is impartial

§He has the Authority to regulate the hearing and gives the final decision within this Stage

·3rd step: Decision based on the Records:

oDecision must include “findings and Conclusions, the reasons or basis therefor, on all the material issues of fact, Law or discretion presented on the record”

Then citizen Can appeal to higher organà judicial Review

There Are 2 types of adjudication procedure:

1.Informal procedure

a.Give notice of the procedure to the citizen

b.Then allow and grant a hearing before taking a Decision

c.The hearing can be oral or written à no formal requirement

2.Formal

a.A full-blown trial type hearing: 2 parties and A third impartial party taking the decision

i.Regulated in The APA

b.It has some requirements:

i.Notification Of charges

ii.Notification Of the hearing (place and time)

iii.When parties Need to be represented by attorney

iv.Possibility For the ALJ to be present at the hearing

v.Cross Examination of witnesses

vi.The final Decision by the ALJ

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